N.Y. Comp. Codes R. & Regs. tit. 15 § 123.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 123.5 - Personal appearance required

(a) A motorist may not plead guilty by mail, and must appear before an administrative law judge on or before the date of appearance, if:

(1) considering the motorist's prior driving record, a conviction on this charge would result in the motorist being considered a persistent violator in accordance with Part 131 of this Title; or

(2) a conviction on this charge would result in a mandatory suspension or revocation of his or her license or driving privileges;

(3) the charge alleges that the motorist was driving 30 miles per hour or more above the speed limit, or any speeding offense where the motorist has been previously convicted of a speeding offense committed within the last six months;

(4) [Reserved]

(5) the charge alleges a violation of section 509 of the Vehicle and Traffic Law, and the motorist has two prior convictions of such section within the preceding 10 years;

(6) the motorist is the holder of a class DJ or MJ driver's license;

(7) the motorist is the holder of a license issued pursuant to section 530 or 1196 of the Vehicle and Traffic Law;

(8) the motorist's license or driving privileges were under suspension or revocation at the time the summons was issued; or

(9) the commissioner so requires, considering the facts and circumstances surrounding the alleged violation.

(b) If a motorist pleads guilty in a case in which a personal appearance is required, the procedure to be followed when he or she appears at a hearing office is the same as for a guilty with an explanation plea.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 123.5